What are opening statements?
Once a jury is selected, the first “dialogue” in a personal injury trial comes in the form of two opening statements—one from the plaintiff’s attorney, and the other from an attorney representing the defendant. No witnesses testify at this stage, and no physical evidence is ordinarily utilized. Because the plaintiff must demonstrate the defendant’s legal liability for the plaintiff’s injuries, the plaintiff’s opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff’s main case before making its own opening statement. Regardless of when opening statements are made by either side in a personal injury case, during those statements: • The plaintiff presents the facts of the accident or injury and the defendant’s alleged role in causing the plaintiff’s damages—basically walking the jury through what the plaintiff intends to demonstrate in order to get a civil judgment against
